Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma

Bachri, Syabbul ORCID: https://orcid.org/0000-0002-1687-2087, Sudirman, Sudirman, Zuhriah, Erfaniah and Ramadhita, Ramadhita (2024) Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma. ULUL ALBAB: Jurnal Studi dan Penelitian Hukum Islam (JUA), 7 (2). ISSN 2697-6176

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Abstract

Islamic inheritance law is stigmatized because it is considered rigid and conservative. The rigidity and conservatism of Islamic inheritance can be seen in the view that Islamic inheritance rules cannot be changed or modified. Moreover, there is an assumption that Islamic inheritance rules do not pay attention to social developments that occur over time. This study aims to examine how the application of Islamic inheritance law in Indonesia and how contextualization is done in response to the existing stigma. This research is a type of qualitative research with a normative juridical approach. The research data is secondary in nature sourced from documents and texts on Islamic inheritance law and concrete cases on the contextualization of Islamic inheritance law in Indonesia in different situations and contexts. The data is analyzed using descriptive interpretative techniques using Amina Wadud’s hermeneutics of tawhid. The results show that Islamic inheritance law in Indonesia has undergone contextualization so that the negative stigma attached to Islamic inheritance can be negated. Contextualization is done by understanding and fighting for Islamic inheritance law in the Indonesian context, reconstructing the basic concepts of Islamic inheritance law in accordance with the Indonesian context, and encouraging to resolve inheritance conflicts through deliberation and mediation. This research offers a model of inheritance distribution applied in Indonesia which is contextual and flexible based on Wadud’s Hermenetics of tawhid.

Item Type:	Journal Article
Keywords:	Contextualization; Indonesia; Islamic inheritance; hermeneutics of tawhid; Stigma
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012816 Mawaris (Inheritance)
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Syabbul Bachri
Date Deposited:	13 May 2024 09:00

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